Summary: Mrs D wants the Authority to attach a notice to a planning condition relating to a neighbouring property. The Ombudsman has discontinued the investigation. He cannot achieve the main outcome sought by Mrs D and there is no injustice at present to warrant further investigation.

The complaint

1. The complainant (whom I refer to as Mrs D) says the Authority should attach an “official notice” to planning conditions set on a neighbouring property. Mrs D is concerned about the impact she may face in the future if the property is let or sold.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• any fault has not caused injustice to the person who complained, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I have spoken to Mrs D and considered the information she provided.
4. I shared my draft decision with both parties.

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What I found

5. Mrs D is unhappy with planning permission granted by the Authority for a neighbouring property. She says the planning conditions should be different and wants the Authority to attach an “official notice” to the planning conditions.
6. The Ombudsman cannot stipulate what a planning condition should state. That is a decision for the Authority. The outcome sought by Mrs D is not one the Ombudsman can achieve. In addition, there is no current injustice to Mrs D. She says there may be an injustice in the future. The Ombudsman cannot consider a hypothetical injustice. As such I see no basis to investigate matters further

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Final decision

7. I have discontinued the investigation.

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Investigator's decision on behalf of the Ombudsman